Criminal Procedure Code, 1973, Section 357A -- Victim compensation - At the stage of considering bail application - Compensation is ordered to be paid by a Court only after a finding is arrived that the person, directed to pay compensation, has caused any injury by committing a wrong or has committed a breach of a legal obligation, be it statutory or contractual - To..........
Criminal Procedure Code, 1973, Section 438, 357A -- Anticipatory bail - Granted with condition to pay victim compensation - Offence u/ss 420, 406 IPC - Bail was granted on merits after considering relevant considerations - Court imposed a condition that accused jointly will pay Rs.1 lakh victim compensation on submission made by accused at the time of hearing that they are..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 37 -- Bail - Recovery of 290 gm smack - Accused has not been produced before Magistrate or Gazetted officer - None of police officer of raiding party who recovered alleged contraband from him were Gazetted Officer - They were not empowered to make search of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 7.79 gms heroin - Intermediate quantity recovered from accused which is very close to small quantity - Rigors of S.37 of NDPS Act not attracted in the case - Petitioner is involved in five FIRs registered against her under NDPS act, but..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 411 -- Bail - Offence u/s 411 IPC - Accused who is under trial prisoner has already suffered detention more than 50% of maximum period of punishment if at all to be imposed if found guilty - Accused a foreign national and validity of his visa is going to expire soon - In case of failure on part of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - To claim benefit of S.167(2) Cr.P.C. detention of accused in custody has to be authorised by Magistrate - Once the authorisation by Magistrate is declared illegal consequently rendering the detention itself illegal, then such period of detention cannot be construed to be an authorised custody within the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is not appearing for her examination in trial - Non-bailable warrants issued against prosecutrix to secure her presence - Trial of case is being delayed - Keeping in view of her conduct and that it is likely to take some more time before same is completed -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
